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The neighbors children climb a tree in their yard and drop down onto my storage shed and slide off the roof. If they injure themselves while doing this can I be sued by their parents?

Asked on April 26, 2017 under Personal Injury, Tennessee


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

You are only liable if you allowed there to be (or actually caused there to be) some dangerous condition, and that condition caused injuries. So, for example: say you keep a pile of various building materials or tools in an untidy--and jagged or hard--jumble next to the shed; since keeping scatttered tools or bricks or pavers, etc. creates a hazard for anyone (trespasser or not) on your property, if the kids are injured on that pile, that could cause you liability. You could also be liable if one of the branches is dead and they fall due to that--since a dead branch is again a hazard (it could fall on and brain a lawful visitor, for example), allowing a hazard to exist can be negligent, or unreasonably careless, and lead to liability.
But to the extent you do not cause or allow a hazardous condition, you should not be liable--a homeowner does not "insure" people on his/her land, and is only liable when he/she is at fault in some way. 
You may wish to contact the police (or sheriff) if the parents will not keep their kids off your property--let the authorities drive home to them to not do this.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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